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Part 3 · Proceedings  ›  Division 2 · Common Provisions on Appeal Proceedings › Section 69

Relief in Case of Infringement of the Right to be Heard

(1) Upon an objection raised by a party aggrieved by a court decision, the proceedings shall be continued if

1.  it is not possible to lodge an appeal or any other legal remedy against the decision, and

2.  the court has infringed the party's right to be heard in a manner which is relevant to the decision of the case.

An objection is not permissible against a decision preceding the final decision.

(2) The objection shall be raised within two weeks from obtaining knowledge of the infringement of the right to be heard; the time at which knowledge was obtained shall be credibly demonstrated. An objection may no longer be raised after the expiry of one year from the announcement of the decision under appeal. Decisions which are communicated informally are deemed to have been announced on the third day after they have been posted. The objection shall be made in writing or shall be recorded by the clerk of the court which issued the decision that is appealed. The objection shall specify the decision under appeal and demonstrate that the conditions set out in subsection (1) sentence 1 no 2 are satisfied.

(3) The other parties shall, to the extent necessary, be given an opportunity to comment.

(4) If the objection is not admissible or has not been raised in accordance with the legal form or time limit, it shall be dismissed as inadmissible. If the objection is unfounded, the court shall reject it. The decision shall be taken by way of a non-appealable decree. The decree shall be accompanied by a brief statement of reasons.

(5) If the objection is well-founded, the court shall grant relief by continuing the proceedings as far as required by the objection. The proceedings shall be restored to the state at which they were prior to the end of the court hearing. In the case of written proceedings, the end of the hearing shall be replaced by the point in time up to which documents may be submitted. Section 343 of the German Code of Civil Procedure shall be applicable to the judicial pronouncement.

(6) Section 149(1) sentence 2 of the German Code of Administrative Procedure shall apply mutatis mutandis.

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